Israel's Supreme Court Rules on Dismissal of Competition Authority Head

Israel's Supreme Court has ruled on the complex legal battle surrounding the potential dismissal of Michal Cohen, the head of the Israel Competition Authority. The case began when Economy Minister Nir Barkat sought to remove Cohen, who was appointed in 2022 for a six-year term, citing a "severe and ongoing crisis of confidence." Barkat petitioned the Civil Service Commissioner to convene a committee to consider Cohen's dismissal before her term ended.

Initially, the Civil Service Commissioner rejected Barkat's request, stating there was no legal basis for convening the committee without preliminary factual support for the minister's claim. However, the Supreme Court, in a preliminary ruling, determined that the commissioner alone did not have the authority to refuse the minister's request to convene the committee. This decision led to a request for a rehearing by an expanded panel of five justices.

In a subsequent unanimous decision, the Supreme Court clarified that while the commissioner cannot outright reject a minister's request without review, they can convene the committee for a preliminary, abbreviated review if the minister's request lacks any apparent grounds or suffers from a significant administrative flaw. This allows for a "rejection on the merits" without a full hearing of the parties.

The court also addressed the interpretation of "severe and ongoing crisis of confidence" as grounds for dismissal. Justice Noam Sohlberg noted that the government's legal counsel acted cautiously given the unprecedented nature of the request to dismiss an authority head, and that the court's unanimous decision represented a significant development in the law. The ruling is expected to impact future dismissal proceedings for senior public officials.